Attorney General James Takes Action to Protect American Workers

NEW YORK – New York Attorney General Letitia James and a coalition of 19 other attorneys general today urged the U.S. District Court for the District of Columbia to reinstate Gwynne Wilcox, a National Labor Relations Board (NLRB) member, who was dismissed by President Trump. In an amicus brief filed in Wilcox v. Trump, the coalition argues that Wilcox’s removal is unlawful and threatens the enforcement of labor laws across the country. On January 27, 2025, President Trump purported to dismiss Wilcox from the NLRB during the middle of her five-year appointment, leaving just two members remaining on the five-member Board. As the NLRB cannot act without a quorum of at least three members, it has been incapacitated by Wilcox’s purported dismissal. Attorney General James and the coalition argue that a functioning NLRB is necessary for the enforcement of federal labor laws across the United States and urge the court to order the administration to restore Wilcox's responsibilities as an NLRB member.

“For nearly a century, the National Labor Relations Board has ensured that workers have a voice in their workplaces, and that collective bargaining rights are protected,” said Attorney General James. “By unlawfully dismissing Gwynne Wilcox, a duly appointed NLRB member, the President has incapacitated this critical entity, threatening the enforcement of labor laws across the nation. We will not stand idly by while the administration dismantles critical labor protections and leaves workers vulnerable to injustice and abuse. The court must move swiftly to reinstate Gwynne Wilcox to the NLRB to ensure the board can get back to its critical role protecting American workers.”

In 1935, President Roosevelt signed the National Labor Relations Act (NLRA) into law, which guarantees American workers the rights to join a union, bargain for better wages and working conditions, and engage in activities like strikes and pickets, and which protects workers from retaliation due to certain union-related activities. The NLRA also created the NLRB, an independent, federal agency with the authority to enforce the NLRA, investigate violations of labor laws, adjudicate labor disputes, and certify the results of union elections. By removing Wilcox and denying the Board a quorum, the administration has effectively nullified the NLRA’s protections for the foreseeable future.

In their brief, the attorneys general argue that the NLRB's ability to function effectively is critical for maintaining fair labor practices across the nation and resolving disputes between employers and employees. Without a fully operational NLRB, the enforcement of the NLRA is compromised, leaving workers vulnerable and without a federal forum to address grievances related to unfair labor practices. In their brief, the attorneys general note that companies have already begun to use the NLRB’s incapacitation to reject labor protections and enforcement. Mere days after the president unlawfully removed Wilcox from the Board, Whole Foods claimed in a filing that a designated NLRB Regional Director had no authority to certify the results of a recent union election at a Whole Foods store because there was no quorum at the NLRB.

The coalition also notes that Supreme Court precedent gives the NLRB broad authority over the conduct of labor relations, preempting states from regulating that conduct themselves for covered workers. If the NLRB is unable to perform its statutorily mandated functions, then states cannot fill this regulatory gap with state legislation. With the NLRB now incapable of calling a quorum, the President has created a significant regulatory vacuum that harms workers everywhere. This is deeply troubling given the importance and scale of the work done by the NLRB. In the past decade, the NLRB reviewed almost 3,000 allegations of unfair labor practices. There are currently more than 2,100 cases of unfair labor practices pending in New York alone. 

Attorney General James and the coalition assert that by removing Wilcox and incapacitating the NLRB, President Trump has left American workers without any enforcement of NLRA-guaranteed rights to join a union and engage in collective bargaining, protections that workers have relied on for decades. The coalition asserts that this could be particularly damaging given the tremendous economic benefit unions bring. As the coalition notes in its filing, union employees earn higher wages and receive better benefits than their non-union counterparts, and even non-union employees benefit, as an increase in private-sector union membership often coincides with an increase in wages for non-union workers. 

Given the NLRB’s central role in overseeing and regulating labor relations in the country, Attorney General James and the coalition are urging the court to grant Wilcox’s motion for expedited summary judgment and order the administration to allow her to continue serving on the NLRB. 

Joining Attorney General James in submitting this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Wisconsin, and the District of Columbia.